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Coronavirus Emergency Court Orders and Procedures
Multi-State Survey by Vaishnavi Arshanapally, Andrew Bassan, Elyse Giuffra, Chris Jefford, Kristyn Kaupas. Sheila King, Andy Marcus, Ed Mazzaferro, Sarabeth Rangiah, Wendy Stein Fulton, Michael Trumble, and David Walsh
April 3, 2020

Updated as of August 7, 2020

Below are the Coronavirus Emergency Court Orders and Procedures for the following states and jurisdictions:

  1. Connecticut
  2. District of Columbia
  3. Florida
  4. Maine
  5. Maryland
  6. Massachusetts
  7. New Hampshire
  8. New Jersey
  9. New York
  10. Pennsylvania
  11. Rhode Island
  12. Virginia

Connecticut (no new update as of 8/6/20)

https://jud.ct.gov/HomePDFs/CourthousesOpened.pdf?v4

  • Connecticut State Courts
    • Effective June 24, 2020, the court will begin to conduct remote, non-evidentiary hearings on the record in civil matters.  Please check your E-Services inbox regularly for scheduling notices.  DO NOT COME TO COURT ON THE DATE OF THE HEARING.  The hearing will be conducted remotely by videoconference from a virtual courtroom using the Microsoft Teams platform.  Please review the information on the Judicial Branch website at https://jud.ct.gov/remotejustice/for important information on how to prepare for the hearing and instructions on how to download the Teams app to your device.
    • Beginning with the June 29, 2020 short calendar, all arguable motions on civilIndical calendars that are marked ready will be scheduled for a remote hearing on the record at a later date. DO NOT COME TO COURT ON THE DATE OF THE SHORT CALENDAR.  You will receive a notice of the date and time that your matter is scheduled for hearing.
    • Effective Monday, June 29, the Judicial Branch is targeting the resumption of limited operations in four additional courthouse locations: the Judicial District courthouses in Danbury, Milford and Stamford, and at the Geographical Area No. 11 courthouse in Danielson.  
    • This expansion will bring the number of open courthouses to 17 – the Supreme and Appellate courts, 13 Superior Court locations and two juvenile court locations. As such, one Superior Court courthouse will be open in each of the 13 Judicial Districts.
    • The Judicial Branch is also planning to expand its hours and days of operations. The details of the Branch’s planning include the following goals: Starting the week of June 15, all open courthouse locations will be open each day, Monday through Friday. The hours for the public will be Monday, 9 a.m. to 5 p.m. and Tuesday-Friday, 9 a.m. to 1 p.m.  · Starting the week of June 29, the Danbury, Milford, Stamford and Danielson courthouses will be open to the public. Consistent with all other open courthouse locations, public hours will be Monday 9 a.m. to 5 p.m.; and Tuesday through Friday 9 a.m. to 1 p.m.   · Starting the week of July 6, open courthouse locations will be open to the public from 9 a.m. to 5 p.m. Monday through Friday.
    • Most work within the open court locations will continue to focus on those most pressing matters such as criminal arraignments for defendants held on bond, domestic violence cases, restraining orders, emergency child custody matters, juvenile detention hearings, and all other emergency matters.  
    • Effective May 18, the Judicial Branch will resume its daily schedule of civil pre-trials, trial management conferences, and status conferences. These events will be conducted remotely, either by video link or telephone. Participating lawyers will receive an e-mail with a link providing access to the event immediately prior. Those events that were scheduled to be held between March 23, 2020 and May 18, 2020, will be rescheduled in the near future  
    • Supreme Court open, in session and hearing matters remotely - https://jud.ct.gov/HomePDFs/remoteoralconf.pdf
    • List of open Courthouses - https://jud.ct.gov/HomePDFs/CourthousesOpened.pdf?v4
    • April 22, 2020: Governor Lamont Executive Order – Pursuant to Governor Ned Lamont’s Executive Order No. 7BB, effective immediately no person is permitted to enter a Judicial Branch courthouse or facility without covering his/her mouth and nose with a mask or cloth face-covering.
    • April 17, 2020 Civil Short Calendar – Civil Short will be reinstated effective May 4, 2020 for non-arguable matters, but no short calendar court sessions will be held until the Judicial Branch resumes normal operations. For more information
    • Beginning on Tuesday, April 14, 2020, all courthouses will be closed on Tuesdays and Thursdays until further notice.
    • Only essential court business may be conducted (see below). Court hours of operation (for open courthouses):  9 a.m. – 5 p.m.; Wed and Fri. 9 a.m. – 1 p.m. (staff leaves at 2 p.m.)
    • Stamford, Danbury, Litchfield, Rockville, Middletown and Milford – still closed
    • Courts attempting to expand the scope of our work to include matters other than “Priority 1” matters, including, but not limited to: completing and issuing decisions in cases that were previously argued or submitted and processing other matters on the papers filed rather than requiring parties to appear in Court. Beginning April 20, 2020, the following types of Civil matter will be processed remotely: Withdrawals, Satisfactions, Requests to Conform, Removal of Federal Court, Remand from Federal Court, and Acceptance of Offer of Compromise.
    • Jury trials are still suspended indefinitely
    • All civil trials, trial management conferences, pre-trials, status conferences, J-ADR mediations and short calendars, arguable and non-arguable, have been cancelled so long as Judicial Branch operations are limited to Priority 1 functions only.
    • All deadlines contained in Civil Scheduling Agreements and Case Management Orders are hereby suspended until such time as Judicial Branch operations are fully restored
    • New, Suspended or Amended Practice Book rules: Emergency Meeting of the Rules Committee of the Superior Court pursuant to Section 1-9B of the CT Practice Book
    • The following pertinent orders and rules are suspended for the duration of the public health emergency:
  • All time limitations concerning civil process, service and return provided in Chapter 896 of the General Statutes;
  • All statutes of limitations provided in Chapter 926 of the General Statutes;
  • All venue and filing requirements including, but not limited to, C.G.S.§§ 51-345, 51-348, 51-352 and 51-353, provided in Chapter 890 of the General Statutes
  • All criminal jury trials are suspended until further notice, with the exception of criminal jury trials necessitated by the filing and granting of speedy trial motions
  • immediate stay of all issued executions on evictions and ejectments through May 1, 2020
  • Only limited courts are open - listof open courthouses – and only to schedule and hear those matters identified as “Priority 1 Business Functions” until further notice
  • “Priority 1 Business Functions” include:
  • Criminal arraignments of defendants held in lieu of bond and all arraignments involving domestic violence cases;
  • Juvenile Detention hearings;
  • Family orders of relief from abuse;
  • Civil orders of relief from abuse
  • Civil protection orders
  • Ex parte motions
  • Orders of temporary custody (Juvenile Matters)
  • Orders to appear (Juvenile Matters)
  • Emergency ex parte order of temporary custody
  • Juvenile detention operations for detainees held for juvenile court
  • Termination of parental rights
  • Domestic violence victim notification
  • Civil and family capias mittimus execution and bond review
    • Update on closed courthouses: 25.20 – Danbury (cases transferred to Waterbury); 3.26.20 - Litchfield, Rockville and Danielson courts closed; 4.1.20 - Stamford, Ansonia-Milford and Middlesex courthouses closed until further notice.  Stamford and Ansonia-Milford cases transferred to Bridgeport.  Middletown cases transferred to New Britain. 
    • All Judicial Branch Law Libraries are closed until further notice.
    • Limits Courthouse Entry - entrance to courthouses that remain open limited to those individuals who are:
      • filing or have a hearing for a Temporary Restraining Order;
      • filing or have a hearing for a Civil Protection Order;
      • filing or have a hearing on an emergency Ex Parte motion for custody; or
      • are involved in a criminal arraignment or other criminal proceeding.
  • Connecticut Supreme and Appellate Courts
  • https://jud.ct.gov/supremecourt/
  • https://jud.ct.gov/appellatecourt/
  • The time requirements for all Supreme and Appellate Court filings are suspended until further notice
  • Supreme Court has postponed oral arguments in cases scheduled to have been heard between March 24-April 2, 2020. Matters to be heard at a future date and time to be determined
  • No oral arguments will be scheduled at the Appellate Court during the Court's

seventh term (April 6-April 24, 2020).  If parties agree, fully briefed and ready

cases may be submitted for disposition based on the briefs, appendices and

record, without oral argument

  • Effective March 31, 2020 and until further notice, the daily hours of the Supreme and Appellate Courts will be 8:30 a.m.-12:30 p.m.
  • Supreme Court will begin hearing cases remotely Monday, April 27, 2020 and is expected to hear two cases per day Monday, Wednesday and Friday during the weeks of April 27th and May 4th.
  • Appellate Court will begin hearing cases remotely Monday, May 11, 2020 and is expected to hear three cases per day, Monday, Wednesday and Friday during the weeks of May May 11th, May 18th, and May 25th.
  • No cases will be heard on May 25th due to the holiday.
  • S. District Court for Connecticut
  • http://www.ctd.uscourts.gov/
  • Beginning June 16, 2020, individual judges will determine, after giving due consideration to the public health risks presented by in-court appearances, whether it is in the interests of justice to hold any non-jury civil or criminal proceeding in the courtroom. A judge presiding over a case may decide to hold a proceeding in the courtroom, to hold the proceeding over video or telephone, or to hold a hybrid proceeding in which the number of persons in the courtroom is limited while other persons participate or observe remotely via video or telephone. In all cases, judges will notify the parties through the CM/ECF system whether, and to what extent, a proceeding will be held in the courtroom. Jury trials will continue to be governed by this Courts General Order dated May 19, 2020.
  • For any in-court proceedings after June 15, 2020, all participants, unless the judge orders otherwise, and all persons attending the proceeding must wear masks at all times, as required by this Courts General Order dated May 19, 2020. Further, all participants and attendees must comply with social distancing measures implemented in the courtroom, including standing or sitting in designated areas 
  • All civil jury trials scheduled on or before Sept. 1, 2020 are are continued pending further notice from the Court.  
  • All civil and criminal jury trials (and related jury selections) scheduled to commence on or before September 1, 2020, before any district or magistrate judge in any courthouse in the District of Connecticut shall be continued pending further order of the Court.
  • All in court (in-person) civil and criminal proceedings scheduled to commence on or before June 15, 2020, before any district or magistrate judge in any courthouse in the District of Connecticut shall be CONTINUED pending further Order of the Court, with the exceptions and under the procedures noted in paragraph 2 and 3 below;
  • During this period, the District Court will handle, in court or by video conference, presentment of new arrests, detention hearings, grand jury returns and civil matters requiring a prompt hearing under Fed. R. Civ. P. 65; in addition, each district or magistrate judge may, in his or her discretion, choose to handle other matters in court (as opposed to continuing the matter or handling it via video or teleconference) whenever the judge considers it to be in the interests of justice to do so, after giving due consideration to the public health risks presented by in-court appearances; each judge will notify the parties through CM/ECF system whether a particular proceeding assigned to that judge and scheduled to occur on or before June 15, 2020, will take place as scheduled and, if so, whether the proceeding will occur in court or through remote communication (i.e., video or telephone conference);
  • The District of Connecticut courthouses (including the facilities at 157 Church Street, New Haven) remain open for business. Court staff not physically present at the courthouse are equipped to work remotely, and will work normal hours during each business day.  Staff in the Clerk’s office are available by telephone, mail will be received, and paper filings can be made at the entrance to each courthouse.  Electronic filings may still be made through CM/ECF system.  The public is encouraged to continue utilizing Court services while following all applicable public health guidelines.  
  • Each judge has discretion to handle matters in court, via video or teleconference if the judge deems it necessary to do so in the interest of justice. If a proceeding will take place, the parties will receive notice through CM/ECF as to whether the proceeding will go forward in person or remotely.
  • Clerk’s office will be open for business, but staff will work remotely as much as possible. The Clerk’s office will not be open to the public, but will “continue to provide efficient service…”
  • visitor restrictions at all courthouses - http://ctd.uscourts.gov/sites/default/files/general-ordes/20-5_%20%28EXT%29%20In%20Re%20Restriction%20on%20Visitors%20To%20Courthouses.pdf
  • There are no extensions for deadlines, and no tolling of the statute of limitations.
  • courtesy copies do not need to be provided to any judges chambers during such time as the court is operating under exigent circumstances created by COVID-1
  • Second Circuit Court of Appeals
  • http://www.ca2.uscourts.gov/
  • Effective Monday, March 23, 2020 and until the COVID-19 crisis passes, the Court will hear all oral arguments using a teleconference platform. All lawyers and pro se litigants who are scheduled to argue must do so by teleconference.
  • Operations Continue at the United States Court of Appeals for the Second Circuit - The regular argued appeals and motions calendars continue to be heard as scheduled. As explained below, parties are expected to begin filing papers on April 6, 2020 pursuant to the Court’s March 16, 2020 order.
  • Oral Arguments at the Second Circuit - The regular argued appeals and motions calendars continue to be heard as scheduled. Effective Monday, March 23, 2020 and until the COVID-19 crisis passes, the Court will hear all oral arguments using a teleconference platform. All lawyers and pro se litigants who are scheduled to argue must do so by teleconference. The Clerk’s Office will forward teleconference instructions to the lawyers and pro se litigants appearing each argument day. In the alternative, parties may request to submit the appeal for determination. All oral arguments will be audio livestreamed. Click here for the livestream link.
  • Document Filings and Form Deadlines- On March 16, 2020 the Second Circuit ordered a 21-day extension of time for all filings and deadlines. Filing dates set specifically by order after March 13, 2020 and the filing date for a notice of appeal or other document that confers jurisdiction on the Court were not covered by the March 16th order.

    Applying the 21-day extension, filings and deadlines that were originally due between March 16 and May 17, 2020 are now due beginning April 6, 2020 and ending June 5, 2020. Absent an extraordinary circumstance, which is defined as “serious personal illness or death in counsel’s immediate family”, no additional extensions of time to file will be granted. Local Rule 27.1 (f)(1). Papers and deadlines that are due on May 18, 2020 and thereafter are due on the date specified in an order or rule. The Court does not anticipate issuing an order that further extends all filing dates and other deadlines.

 

 

District of Columbia (updated as of 8/6/20)

 

  • Superior Court
  • All nonpriority matters scheduled through August 14, 2020, will be rescheduled  and new dates set; emergency matters will be heard as scheduled by the  court 
  • All hearings are being held remotely
  • Civil Division: Unless otherwise ordered by the court, all deadlines and time limits in statutes (including statute of limitations), court rules, and standing and other orders issued by the court that would otherwise expire during the period of emergency are suspended, tolled and extended during the period of emergency, except that in any Civil 1 or 2 case subject to Rule 12‐I of the Superior Court Rules of Civil Procedure, any L&T case or Small Claims case certified to the Civil Actions Branch, and any mortgage or tax sale foreclosure case, any suspension, tolling, or extension of the time to file any response or  reply concerning a motion ends on May 15, 2020 with respect to all counsel who registered for E‐filing before March 18, 2020.
  • The Court is accepting electronic filings only including, pleadings, praecipes, motions, etc.;
  • Until further order, the Civil Division will not conduct in‐court trials, jury or non‐jury. When the Civil Division resumes scheduling of in‐ court trials, it will either schedule the trial during a hearing with all  parties present or issue written notice 30 days before any in‐court,  non‐jury trial and 60 days before any jury trial to provide the counsel  and parties time to subpoena witnesses and prepare for trial.  The Civil Division may conduct remote non‐jury trials with appropriate notice to the parties.
  • The Civil Division will conduct remote hearings, including evidentiary  hearings and bench trials, in any case where it is appropriate.
  • The Probate Division will operate as follows:     
    • Judges will hear the following matters remotely by WebEx:     
    • 21‐Day Emergency Guardians — Filed by email (attorneys and self‐ represented filers) and by Telephone (self‐represented filers only)  
    • 90‐Day Health‐Care Guardians — Filed by email (attorneys and self‐ represented filers) and by Telephone (self‐represented filers only)  
    • Petitions for General Proceedings (Guardianship and Conservatorship  petitions) – Filed by email (attorneys and self‐represented filers); and  by mail (attorneys and self‐represented filers) 
    • Other Intervention matters which the individual judge determines are  appropriate to be heard remotely by WebEx  • Other Probate matters, including Estate cases, which the individual  judge determines are appropriate to be heard remotely by WebEx 
  • Face masks are required to enter the building.
  • C. Court of Appeals
    • https://www.dccourts.gov/court-of-appeals
    • Oral arguments, which were suspended pursuant to this Court’s March 23, 2020 order, will resume via remote video conferencing. The Court will begin remote oral arguments on a limited basis during the week of May 26, 2020. All oral arguments scheduled for the June Regular Calendar will be heard via remote video conference. The Court will email participants a link to the videoconference.
    • The court is no longer suspending or tolling filing deadlines. Unless the court has specifically ordered otherwise in a particular case, effective May 31, 2020, parties will have 30 days (until June 30, 2020) to submit any filings that were or are due on or before May 31, 2020.
    • The Court remains open for new filings;
    • The Court strongly encourages filings via e-file or email: efilehelp@dcappeals.gov
  • Face masks are required to enter the building.

Florida (no new update as of 8/6/20)

  • All State Courts
    • https://www.supremecourt.org/Emergency
    • In Supreme Court indefinitely extended the ability for notaries to swear witnesses using audio-visual means.
    • In a pilot program in July, the first jury trial took place in using teleconferencing technology and it appeared to work fairly well.  However, attorneys and judges in  are still not overly optimistic that jury trials will truly resume will truly resume in  before 2021.
    • Jury trials will remain suspended by 30 days from when Phase II is entered, which will be determined by each Chief Circuit Judge for their own district. Currently, is spiking in COVID-19 cases, so there is no Phase II at this time as defined by the Administrative Order. The Chief Judges of Broward, Miami-Dade, and Palm Beach have not yet spoken to what Phase their circuit is currently experiencing, so we are in a bit of a limbo right now. Practically, I am finding that depending on the circuit, Judges are deciding whether to have in person or Zoom hearings. To date, no judge from my cases has opted for in person hearings, but I am aware that others have presided over in person hearings. 
    • All courthouses still have limited public access for essential functions, such as domestic violence injunction petitions.
    • All grand jury proceedings, jury selection proceedings, and criminal and civil jury trials are further suspended through July 2, 2020.
    • Notaries may be via video through Friday, April 17, 2020.
    • District Court of Appeal Oral Arguments suspended through April 7, 2020.
  • 17th Circuit: Broward County:
  • 11th Circuit: Miami-Dade County:
    • https://www.jud11.flcourts.org/Court-Announcements
    • All non-essential court activities are suspended (essential are only emergency guardian, Baker Act, and criminal matters). The suspension ends June 1, 2020. All deadlines within that time period (March 13, 2020 to June 1, 2020) have an added 38 days.
  • 15th Circuit: Palm Beach County:
    • https://www.mypalmbeachclerk.com/Home/Components/News/News/206/16
    • All non-essential court proceedings will be suspended beginning March 18, 2020 through the end of business on June 1, 2020, unless the presiding judicial officer determines that the matter may be effectively conducted remotely with all parties using communication equipment.
  • S. Southern District of
    • https://www.flsd.uscourts.gov/covid-19-updates
    • All jury trials are suspended until April 27, 2020. Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion, consistent with this Order.
  • S. Middle District of
  • S. Northern District of

Maine (no new update as of 8/6/20)

  • Maine State Courts
    • https://www.courts.maine.gov/covid19.shtml
    • Courthouses remain open on a limited schedule, and there are restrictions on who may enter courthouses (e.g.: persons who have been exposed to COVID-19 are generally not permitted to enter).
    • Effectively immediately and continuing through September 4, 2020, scheduling of all case types and proceedings will be governed by the court’s COVID-19 Phased Management Plan. Which can be found here:

https://www.courts.maine.gov/covid19/covid-management-plan.pdf

  • The Phased Management Plan contains 5 phases, which gradually allow for additional types of matters to be heard.
  • Almost all trial court proceedings must be conducted via telephone or videoconference, with exceptions for certain matters, such as criminal hearings, abuse prevention orders, or juvenile adjudications. However, even these limited matters may proceed remotely and the court must make a determination regarding the advisability of conducting an in-person hearing.
  • The Supreme Judicial Court has issued guidelines for the conduct of remote hearings.
  • Social distancing measures will be implemented at courthouses, including a limit of 50 people (including court personnel) in any courtroom, as well as a requirement to wear a mask or other face covering.
  • All jury trials (criminal and civil) are postponed until after September 7, 2020. Parties who had previously scheduled trials will receive new trial notices.
  • Oral arguments in front of the Supreme Judicial Court will now proceed via video conference or be addressed by the court based on parties’ briefs.
  • Until further notice, all depositions in civil cases shall be conducted remotely unless all involved persons agree to conduct the deposition in person. A party may move to quash a notice of deposition via remote means if there are “urgent and compelling circumstances,” but the desire of counsel for an in-person deposition is not sufficient grounds.
  • At any deposition conducted pursuant to Maine R. Civ. P., the “officer or other person” may administer the oath and take testimony remotely so long as they can see and hear the deponent clearly via audio-visual communication.
  • The Maine Bar Exam has been postponed from July 28-29 to Sept. 30-Oct. 1
  • S. District Court District of Maine
    • https://www.med.uscourts.gov/covid-19-coronavirus
    • The U.S. Court houses in Portland and Bangor remain open for filing of documents, whether electronically or in paper. However, the clerk’s offices are only open by appointment. 
    • All in-court hearings and conferences scheduled to occur before May 1, 2020 are continued and will be rescheduled. All previously scheduled teleconference hearings or conferences will be held as scheduled.
    • There are no civil and criminal jury trials in May or June, 2020.
    • There are no generalized extensions or suspensions of deadlines. Any party wishing an extension should file a motion in accordance with applicable rules.

Maryland (updated as of 8/6/20)

 Phase Reopening Plan Current Stats: Phase III

 

https://mdcourts.gov/coronavirusupdate

USDC Maryland: Instructions for Remote Attendance athttps://www.mdd.uscourts.gov/remote-proceeding-access-information Hearings

  • Maryland State Courts—August 5, 2020
    • We remain in Phase III until August 31, 2020
    • See above for Phase III rules
    • August 1, 2020 Order Clarifying COVID-19 Health Measures
      • Face masks shall be worn at all times, including in court proceedings, covering mouth and nose completely, for anyone over the age of 2
        • Facemasks may be lowered to eat, drink, or take medication, but returned upon completion
        • For good cause shown, court may permit a participant to use disposable mask or face shield in lieu of mask so person can be heard
      • If someone arrives at a courthouse without a facemask, they will be provided a disposable face mask
      • Maintain social distancing of six feet
      • Failure to comply shall result in removal from the court house and disciplinary action as appropriate
      • Face shields are NOT a substitute for masks
    • Montgomery County Circuit Court August 3 New Face Mask Order
      • Face masks shall be worn at all times, including in court proceedings, covering mouth and nose completely, for anyone over the age of 2
        • Facemasks may be lowered to eat, drink, or take medication, but returned upon completion
        • For good cause shown, court may permit a participant to use disposable mask or face shield in lieu of mask so person can be heard
      • If someone arrives at a courthouse without a facemask, they will be provided a disposable face mask
      • Maintain social distancing of six feet
      • No more than 4 persons shall ride on court elevator at one time
      • Upon entrance to courthouse, persons will be required to answer screening questions and consent to non-contact thermometer check
      • All court filings shall be made by USPS or delivered to physical dropbox at Maryland Avenue entrance, or made pursuant to approved electronic filing method
    • Prince George’s Circuit Court Information
    • Baltimore City Circuit Court Information
    • Baltimore County Circuit Court Information

 

            https://mdcourts.gov/coronavirusupdate

  • Maryland State Courts—July 31, 2020
    • We remain in Phase III until August 31, 2020
    • See above for Phase III rules
    • Clerk’s office is now open to the public
    • Montgomery County Circuit Court Information
    • Prince George’s Circuit Court Information
    • Baltimore City Circuit Court Information
    • Baltimore County Circuit Court Information
    • United States District Court for the District of Maryland—July 31, 2020 Update (SAME AS JULY 9)
    • Maryland State Courts—July 23, 2020
      • Additional Phase III Notes for Circuit Court cases
        • Resume handling temporary domestic violence protective, peace, and extreme risk protective order petitions during court hours.
        • Begin scheduling civil matters, including trials, for dockets that begin during Phase Four, including previously postponed matters.
        • Motions requiring witness testimony
        • Settlement hearings
        • Attorney disciplinary hearings
      • Court of Appeals and Court of Special Appeals: same rules as Phase II
      • Phase IV—begins on August 31, 2020
    • United States District Court for the District of Maryland—July 23, 2020 Update (SAME AS JULY 9)
      • July 6, 2020 Second Amended Standing Order Re: Face Masks
        • All persons seeking entry into any federal court in Maryland must wear a face covering that conceals nose and mouth at all times. Masks may only be removed during court proceedings if authorized by a judge. The Court will provide masks to those who fail to bring one.
      • Maryland State Courts—July 16, 2020 Update
        • Phase III starts on July 20, 2020.
        • Phase III includes:
          • Some non-jury trials in District Court and circuit courts.
          • Attorney disciplinary matters in Circuit Court.
          • Circuit Court Clerk’s offices will be open.
          • District Court clerk’s offices will be open.
          • Limited in-person services will be offered. Each local administrative judge will decide which services will be offered. Each court will post a list of services online and at the courthouse.
          • Clerks Offices in District Court and circuit courts will be open to the public.
          • Safety measures and social distancing may be required.
          • Staffing may be limited.
          • Local administrative judges may limit the number of people entering the court or courtroom.
        • Maryland State Courts—July 9, 2020 Update
          • Court of Appeals – Effective July 1, 2020, e-filing is now mandatory for all attorneys in all cases, even non-MDEC cases. Please see June 17, 2020 rules for further detail.
        • United States District Court for the District of Maryland—July 9, 2020 Update
          • July 6, 2020 Second Amended Standing Order Re: Face Masks
            • All persons seeking entry into any federal court in Maryland must wear a face covering that conceals nose and mouth at all times. Masks may only be removed during court proceedings if authorized by a judge. The Court will provide masks to those who fail to bring one.
          • Clerk’s intake offices remain closed—clerk’s offices remains open to the public via telephone and filings made by drop box.
  • Maryland State Courts—July 2, 2020 Update
    • Court of Special Appeals – started July 1, 2020, appellate e-filing is now mandatory for all attorneys.
      • All COSA oral arguments will take place remotely using Zoom.
      • All deadlines in existing cases remain in place
    • United States District Court for the District of Maryland—June 25, 2020 Update
    • Maryland State Courts – June 18 2020 Update
      • We are currently in Phase II (until July 20, 2020):
    • Circuit Court clerk’s offices will remain closed to the public.
    • District Court clerk’s offices will remain closed to the public.
    • Limited court activities will resume with safety measures and social distancing required.
    • Local administrative judges may limit the number of people entering the court or courtroom.
  • United States District Court for the District of Maryland—June 18, 2020 Update
    • June 17, 2020 Order re: entering Courthouse—Only litigations, counsel of record, investigators/employees of counsel, credentials press, jurors, and observers of in court proceedings may enter US Courthouse without permission from Chief Judge
    • June 17, 2020 Order re: Facemasks—all persons seeking entry into US Courthouse in Maryland must wear facemask or face covering, covering nose and mouth, at all times. Masks may only be removed during in court proceedings and only if authorized by judge.
      • Masks will be provided by Court if necessary
      • Those refusing to wear a mask or face covering will be forbidden from entering
  • Maryland State Courts—June 11, 2020 Update
    • Montgomery County Circuit Court – E-filing now permitted for items not requiring a filing fee. For civil cases, emails should be directed to:
    • Maryland Court of Appeals—June 11, 2020 Update
      • June 8, 2020 Announcement—For non-e-filers in appeals from non-MDEC jurisdictions, the Clerk is providing two alternative means of filing papers in the Court of Appeals: (1) e-filing through the MDEC system, or (2) drop box at the basement entrance of the Courts of Appeal building
    • Maryland Court of Special Appeals – June 11, 2020 Update
      • June 5, 2020 Announcement
        • All existing deadlines remain in place, COSA continues to receive filings on cases;
        • Paper records may be reviewed at COSA building by appointment only
        • Oral arguments for remainder of June will be remote.
      • Maryland State Courts—June 4 2020 Update
        • Beginning at 5 PM on Friday, June 5, the Courts will be implementing the reopening plan. The 28-page reopening plan can be accessed here.
        • June 3, 2020 Order Re: Return to Normal
        • June 5, 2020—progressive, five-phased return to full operations of the Court
          • Phase 1: the current state of emergency operations, per the May 4 2020 Order
          • Phase 2: courts expanding matters than be heard remotely and on site, beginning at 5:00 P.M. on June 5 2020
          • Phase 3: Courts may schedule broader range of matter, including non-jury trials in District Court, beginning on July 20, 2020
          • Phase 4: Resumption of non-jury trials, beginning on August 31, 2020
            • Courts authorized to conduct remote proceedings through end of Phase 4
            • Through phase 4 – courts authorized to limit number of people entering courthouse or courtroom
          • Phase 5: Return to full operations, beginning October 5, 2020
          • Throughout the 5-phase process, persons seeking entr into the courts are subject to COVID-19 screening questions and non-contact temperature checks, and required to wear face masks and maintain social distancing.
          • Regardless of phase, scheduling orders shall continue to be addressed on a motion basis
        • June 3, 2020 Order Re Trials
          • Criminal jury trials to resume October 5
          • Civil jury trials shall resume October 5
          • Previously-scheduled jury trials between October 5 and December 31, 2020 may be maintained subject to priority given to criminal trials and other urgent maters before the court;
          • All proceedings to be conducted with CDC safeguards, including social distancing, face masks, etc. – lawyers must wear masks, except when speaking.
        • June 3, 2020 Order re Deadlines and Tolling
          • Tolled or suspended by the number of days that the courts were closed means the time period of March 16—July 20, 2020.
          • See May 22, 2020 Order re: Statutes of Limitation
        • Montgomery County Circuit Court Order re: Safety Measures
          • All people over the age of ten must wear a face mask, scarf, or other covering
          • Face covering must be continuously worn by people while in the courthouse
          • Social distancing must be practiced while practicable
          • No person may ride an elevator containing other persons, unless all persons have face covering
          • Before ANY non-court employee is admitted to the building ,he or she will be required to answer screening questions related to COVID-19
          • Before any person is admitted to the courthouse, he or she shall consent to non-contact thermometer check; if > 100 degrees, he or she is barred entry
          • Public entrance limited to Monroe Street and Maryland Avenue
        • Montgomery County Circuit Court – Dropbox Links – see link
      • Maryland State Courts – May 28, 2020 Update
        • May 22, 2020 Order re Trials
          • All civil and criminal jury trials having been suspended, are authorized to resume starting on October 5, 2020;
          • Previously-scheduled jury trials between October 5 and December 31, 2020 may be maintained subject to priority given to criminal trials and other urgent maters before the court;
        • May 22, 2020 Order re: Statutes of Limitation
          • All statutes and rules deadlines to conduct pending judicial proceedings are tolled by the number of days that the courts are closed
          • “By the number of days that the courts are closed” shall mean the time period between March 16, 2020 and July 20, 2020, when the clerk’s office will reopen (i.e. 126 days) plus fifteen more days for initiation of matters:
            • For example, if two days remained for the filing of a new matter on March 15, 2020, then two days would have remained upon the reopening of the offices of the clerks of court to the public on July 20, 2020. With the additional fifteen days, seventeen days would be left for a timely filing, beginning July 20, 2020.
          • May 22, 2020: Reopening Plan
        • Maryland Federal Courts – May 28, 2020 Update
          • May 22, 2020 Order
            • Some civil jury trials may commence on or after July 1, 2020 (some criminal on or after August 1, 2020)
            • All other civil and criminal trials shall proceed as currently scheduled; parties that feel the existing scheduling order should be adjusted must submit proposal to judge
            • Standing Order 2020-07 extending all deadlines falling between March 16 and June 5, 2020 by 84 days, remains in effect
            • Existing deadlines falling after June 5, 2020, shall remain in effect
          • Maryland State Courts – May 21, 2020 Update
            • May 18, 2020 Order - All oral arguments previously scheduled for April 30, 2020, that were postponed by orders on March 17 and 31, 2020, and later April 28, 2020, are rescheduled for Thursday, May 28, 2020 by videoconference (except for Gregory Johnson v. Maryland Department of Health, 71a19, now scheduled for Wednesday, June 10, by video conference)
              • See order (link above) for other specific cases that are to be heard in the September and October 2020 Session
            • United States District Court for the District of Maryland – May 14, 2020
            • Maryland State Courts – May 14, 2020 Update
            • Court of Special Appeals Update – May 14, 2020
              • Court will continue to receive and process filings in all cases, and all deadlines in existing cases remain in place
              • Oral arguments for May and June 2020 will take place remotely via Webex
            • Maryland State Courts – May 7, 2020 Update
              • Court of Appeals Fourth amended Order re: Restricted Operations – May 4, 2020
                • Courts remained closed with limited exceptions through June 5, 2020
                • Essential personnel remain available to the public by phone from 8:30—4:30.
                • All matters scheduled from March 16, 2020 through the end of the COVID pandemic are postponed, unless they can be heard remotely.
                • Scheduling order motions will be considered on a case by case basis
              • Court of Appeals Order re: Statutes of Limitations - May 4, 2020
                • All statutory rules and deadlines relating to the initiation of matters shall be tolled or suspended as applicable by the number of days that the courts are closed due to COVID-19
                • All statutes and rules deadlines to conduct judicial proceedings are tolled or suspended, as applicable, by the number of days that the courts are closed due to COVID-19
                • Deadlines will be further extended by another, upcoming order from the Court of Appeals
                • All such filings shall relate back to the day before the deadline expired.
              • Baltimore City Circuit Court Town Hall Meeting Notes (via Ron Cherry)
                • Staff have been tirelessly working to clean and sanitize the Mitchell and Cummings courthouses in Baltimore City;
                • Once the courthouses reopen on June 8, extraordinary measures will be taken to make sure that all common areas are sanitized;
                • Upon reopening, court will undergo “staggered opening to address social distancing concerns.” Attorneys may be required to wear masks.
                • Filings:
                  • Virtual Filing Box is for discovery motions and responses
                  • Regular mail for complaints, answers, discovery
                  • Discovery deadlines must be adhered to as in the past
                • The court will reschedule trials sua sponte – do not file motions to modify scheduling order.
              • Court of Appeals Order – May 1, 2020
                • The application of time standards shall be suspended for cases reaching a conclusion in circuit and district courts of Maryland between March 16 and December 31, 2020; will resume 1/1/21
              • Court of Appeals Amended Order re: Remote Proceedings – May 1, 2020
                • Further authorizing courts to conduct remote proceedings – supersedes March 20, 2020 order
              • Maryland State Courts – April 30, 2020 Update
                • Court of Appeals Order – April 28, 2020
                  • Oral arguments scheduled before the Court of Appeals for April 30, 2020, May 1, 2020, May 4, 2020, remain postponed until further notice
                  • Oral arguments before the Court of Appeals originally scheduled for Thursday, April 2, 2020 and Friday, April 3, 2020 (as per the March 17, 2020 order) are rescheduled for Monday May 11, 2020, Tuesday May 12, 2020, and Wednesday, May 13, 2020, and shall be held by video conference. –
                • Court of Appeals Order – April 24, 2020
                  • All statutory rules and deadlines relating to the initiation of matters shall be tolled or suspended as applicable by the number of days that the courts are closed due to COVID-19
                  • All statutes and rules deadlines to hear pending matters are tolled or suspended, as applicable, by the number of days that the courts are closed due to COVID-19
                  • Deadlines will be further extended by another, upcoming order from the Court of Appeals
                • Circuit Court for Montgomery County – April 30, 2020
                  • All persons entering the courthouse must wear a face mask, scarf, or other covering device covering nose and mouth
                  • All non-courthouse employees must consent to thermometer check; if over 100, you may be denied admission/removed
                • Circuit Court for Montgomery County – April 29, 2020
                  • Counsel are permitted to file papers of any type bearing an electronic signature.
                • Circuit Court for Baltimore City – April 27, 2020 Order
                  • Electronic signatures in compliance with Maryland Rule 20-107 are now permitted
                  • Electronic signatures shall include provider’s address, email address, telephone number, and CFP number
                • Maryland State Courts – April 23, 2020 Update
                  • Circuit Court for Baltimore City April 22, 2020 Order
                    • Motions and discovery responses in civil cases shall be filed virtually at baltimorecitylockboxfilings@mdcourts.gov
                    • All such filings must still be filed with the Clerk of the Circuit Court for Baltimore City notwithstanding electronic filing
                    • Every filing (motion or discovery) shall contain signer’s address, phone number, facsimile number, and email address
                    • All civil paper filings shall be addressed to 100 North Calvert Street, Room 462, Cummings Court House, Baltimore, Maryland 21202.
                  • Baltimore City District Court COVID-Protocols – April 20, 2020 Letter
                    • Only emergency papers may be filed, as defined in March 25, 2020 order. File at the locked drop box (available between 8:30 A.M. and 4:30 P.M., checked hourly) at each courthouse lobby and use electronic date stamp.
                  • Maryland State Courts – April 16, 2020 Update
                    • All courts closed from March 17, 2020 to June 5, 2020, with the exception of emergencies. April 14, 2020 Order.  This does not affect the Court’s ability to address matters without a proceeding.
                    • All matters scheduled to be heard beginning March 16, 2020 are postponed or suspended. April 14, 2020 Order
                    • Scheduling Orders in civil cases should be addressed by motions on case by case basis. April 14, 2020 Order
                  • Maryland State CourtsApril 10, 2020 Update
                    • The courts can and will still rule on matters that do not require a proceeding – for matters requiring a proceeding, the Court has authorized itself to conduct remote proceedings. April 8, 2020 Order I.
                    • All matters scheduled to be heard from March 16 onward are postponed or suspended. April 8, 2020 Order I.
                    • All statutes and rules deadlines to hear pending matters tolled or suspended as applicable, effective March 16, 2020. April 8, 2020 Order II
                    • From Bar association of Baltimore City – Request from Administrative Judge Waxman: In light of no MDEC for Baltimore City, please limit filings to emergency filings. April 9, 2020 Request
                  • Maryland State Courts – April 3, 2020 Orders
                    • All statutory and rules deadlines related to initiation of matters, including statutes of limitation, are tolled or suspended by the number of days that the courts are closed due to COVID-19. April 3, 2020 Order
                      • All statutes and rules deadlines to hear pending matters are tolled or suspended by the number of days that the courts are closed due to COVID-19. April 3, 2020 Order
                    • All jury trials and grand juries are suspended until further notice from the Court – April 3, 2020 Order I
                    • All courts are closed to the public through May 1, 2020, with limited exceptions. April 3, 2020 Order II
                      • Essential court personnel available by phone 8:30—4:30 April 3, 2020 Order II
                      • All matters to be conducted before the Court through the end of COVID-19 closure are suspended, unless otherwise notified (i.e. phone or video conferences/hearings) - April 3, 2020 Order II
                    • Still Applicable to the Extent Not Overridden by New Order
  • Registered users of MDEC may file in new and pending matters all papers through MDEC originating in Baltimore City, Montgomery County, and Prince George’s County. March 27, 2020 Order;
  • All jury trials scheduled to be heard between March 17 and May 1, 2020, postponed. March 25, 2020 Order;
  • Scheduling orders in civil cases shall be addressed by motion on case by case basis. March 25, 2020 Order;
  • All Courts in the Maryland Judiciary are closed except for emergency operations from March 17 to April 3, 2020; March 25, 2020 Order;
  • Courts shall continue to process MDEC and/or other electronic filings. March 25, 2020 Order;
  • Per March 25, 2020 order, Courts are closed to the public through May 1, 2020. March 25, 2020 Order;
  • Courts are authorized to conduct remote proceedings until further notice. March 20, 2020 Order .
  • Maryland Court of Appeals – General Information
    • Same as Maryland State Courts, except as stated below
    • Oral Arguments in the Court of Appeals scheduled through May 1, 2020, has been postponed until further notice. March 31, 2020 Order.
    • Oral Arguments previously scheduled for April 2 or 3 are now scheduled for May 12 and 13, 2020, respectively, potentially by videoconferencing (Court will advise 10 days before of format). March 31, 2020 Order.
    • Two new means of filing – via MDEC e-filing and a drop box at the basement entrance of the Court of Appeals Building. https://mdcourts.gov/coappeals
  • S. District Court for Maryland – General Information
    • Update as of May 7, 2020
      • The April 10 standing order concerning discovery and proceedings/filing deadlines below still controls.
      • April 29, 2020 Order:
        • No members of public allowed in courthouse except litigants with scheduled proceed, counsel, credentialed press, and employees o fcounsel
        • Provides restrictions on who may enter courthouse: persons excluded include persons diagnosed with COVID-19 who had not been advised to discontinue isolation, people who have had contact with COVID-19 persons in last 14 days, persons asked to self-quarantine, and persons with apparent COVID-19 symptoms (fever, cough, difficult breathing, etc.)
      • Update as of April 16, 2020
        • The April 10, 2020 standing order (below) still controls.
        • Courtesy Copies: requirement to deliver courtesy copies is suspended.- March 27, 2020 Order
      • The terms of the April 24, 2020 order are now extended through June 5, 2020. April 10, 2020 Standing Order
        • All civil and criminal jury trials postponed through June 5, 2020.
        • All other proceedings in U.S. District Court of Maryland postponed through June 5, 2020, to be rescheduled at later date.
        • All filing deadlines between March 16, 2020 and June 5, 2020 now extended 84 days.
        • This order does not toll any statutes of limitations.
      • All civil and criminal jury selection and trials scheduled on or before April 24, 2020 have been cancelled and will be reset. March 20, 2020 Order;
      • All other trials, motions, hearings, or other appearance related events scheduled on or before April 24 are postponed. March 20, 2020 Order;
      • All filing deadlines that occur on or before April 24, 2020 are extended by 42 days. March 20, 2020 Order;
      • NO tolling of any statute of limitations, and electronic filing through CM/ECF remains available. March 20, 2020 Order
      • Court remains open for emergency criminal, civil, and bankruptcy matters concerning public safety, public health and welfare, and individual liberty. March 20, 2020 Order.

Massachusetts (no new update as of 8/6/20)          

https://www.mass.gov/guides/court-system-response-to-covid-19

 

New Hampshire (no new update as of 8/6/20)

https://www.courts.state.nh.us/aoc/corona-covid-19.html

 

 

New Jersey (no new updated as of 8/6/20)

  • Superior Court (all counties)
    • https://njcourts.gov/notices/2020/n200724a.pdf?c=LAX
    • https://njcourts.gov/notices/2020/n200722a.pdf?c=NkU
    • https://www.njcourts.gov/notices/2020/n200713a.pdf?c=B2R
    • https://njcourts.gov/notices/2020/n200612a.pdf?c=CxS
    • https://www.njcourts.gov/notices/2020/n200327a.pdf
    • https://njcourts.gov/notices/2020/n200424a.pdf
    • https://www.njcourts.gov/public/covid19.html
    • https://njcourts.gov/notices/2020/n200529a.pdf
    • All new civil jury trials have been suspended until September 21, 2020
    • Select Criminal and Civil jury trials will begin on September 21, 2020 via the newly implemented “hybrid” virtual/in-person jury selection in the vicinages of Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem
    • Trial deadlines are extended to September 21, 2020; when calculating trial court filing deadlines, the period of March 16, 2020 - May 10, 2020 will not be included
    • Deadlines for physical or mental examinations (IMEs) as per R. 4-19 are extended to July 26, 2020
    • Depositions/appearances of doctors, nurses, and healthcare workers are suspended through July 26, 2020
    • Special Civil Part and Small Claims calendars suspended through July 26, 2020
    • Tolling timeframe for filing Notices of Tort Claims extended through May 31, 2020
    • Time periods for dismissal of civil cases for lack of prosecution will be tolled from March 16, 2020 – May 31, 2020
    • Extension of the time periods for discovery, interrogatories, document production, requests for admissions has concluded as of May 10, 2020
    • In computing DEDs, March 16, 2020 – May 10, 2020 is excluded due to exceptional circumstances; further extensions of DEDs may be requested based on specific circumstances of a case
    • In computing filing deadlines based on Rules/statutes, March 16, 2020 – May 10, 2020 is deemed a “legal holiday”
    • All civil arbitrations will resume on April 27, 2020 via phone/video conference initiated by arbitrator
    • All depositions, conferences, hearings and arguments should be conducted by phone/video conference, to the extent practicable
    • Courtesy copies of motions are only required if papers/exhibits exceed 35 pages
    • Electronic signatures on all filings are permitted
    • Requests for extension of time in individual cases, based on specific circumstances, may be submitted by letter in lieu of a formal motion
    • In recognition of the pervasive and severe effects of the COVID-19 public health crisis, the Court in any individual matter consistent with R. 1-2(a) may suspend proceedings, extend discovery or other deadlines, or otherwise accommodate the legitimate needs of parties, attorneys and others in the interests of justice

New York  (no new update as of 8/6/20)

Governor’s Executive Order 202.54 – dated July 30, 2020

State of Emergency – Extended through August 29, 2020

Statutes/statutes of limitations, orders, rules and regulations – with exceptions - compliance with which would prevent, hinder or delay actions necessary to cope with coronavirus disaster emergency stayed through August 29, 2020

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.54.pdf

 

State Trial Courts – For all New York State Court Press Releases go to:  https://www.nycourts.gov/whatsnew/

 

New York’s Multi-Phase Plan for “Gradual Return to In-Person Operations” as follows (subject to each court’s individual virtual model procedures) with each phase adding to the level of in-person operations established previously:

 

Phase 1

  • Judges and chambers staff returned to work; virtual proceedings from chambers began
  • Limited court personnel returned to work.

Phase 2

  • Criminal, juvenile delinquency and mental hygiene law proceedings pertaining to a hospitalized adult held virtually by assigned judge
  • Non-essential matters mediations/ADR conducted virtually by assigned judge

Phase 3

  • Expanded in-person operations to include child support proceedings and certain criminal proceedings

Phase 4

  • Expanded in-person hearings including child permanency hearings, civil court appearances in which at least one party is unrepresented, small claims matters filed prior to 4/1/2020, and grand jury proceedings as of 7/13/2020
  • Virtual proceedings continue in: non-essential matters; mediations/ADR; juvenile delinquency proceedings; adoptions; eviction matters in which all parties represented by counsel; criminal matters except those expended to in-person in Phase 3;
  • where an in-person proceeding involves an incarcerated individual, that individual will appear virtually, unless otherwise ordered by the assigned judge

 

  • Status of Courts:
    • Non-NYC Courts in Phase 4 – All Boroughs of NYC Courts in Phase

 

  • New Matters to be filed Electronically
    • With limited exceptions

State Appellate Departments

 

  • First Department

Effective 7.29.20 – Updated mandate for required electronic filings

https://www.nycourts.gov/courts/ad1/PDFs/ExpansionEfilingJuly2020.pdf

5.8.20 - Order re-establishing filing deadlines:  https://www.nycourts.gov/courts/ad1/PDFs/RescissionOrder.pdf

Virtual Court Operations:

http://www.courts.state.ny.us/courts/ad1/PDFs/AD1v2MayUpdate.pdf

 

  • Second Department

7.7.20 – ADM 2020-0707 - Order enlarging deadlines for perfection of appeals: http://www.nycourts.gov/courts/AD2/pdf/ADM%202020-0707%20setting%20perfection%20deadlines.pdf

5.6.20 – AJM 2020-0506 - Order re-establishing filing deadlines for Appellants’ briefs;

Amended deadlines set forth at:

https://www.nycourts.gov/courts/ad2/pdf/ADM_2020-0506.pdf

6.10.20 – ADM 2020-0610 - Order lifting suspension of filing deadlines for Respondents’ and Reply briefs in non-actively managed civil matters; Amended deadlines set forth at:

http://www.nycourts.gov/courts/AD2/pdf/ADM_2020-0610.pdf

Skype oral argument if requested no later than 72 hours prior to calendar call

https://www.nycourts.gov/courts/ad2/pdf/Oral_Arguments_conducted_via_Skype.pdf

Virtual Court Operations https://www.nycourts.gov/courts/ad2/pdf/Second_Dept_Expands_Virtual_Operations.pdf

  • Third Department

5.6.20 - Order lifting of suspension of deadlines for perfection of appeals:

http://www.courts.state.ny.us/ad3/homepage_docs/order%20lifting%20perfection%20deadlines.pdf

 

5.6.20 - Order lifting suspension of deadlines for filing of answering and responding briefs.

http://www.courts.state.ny.us/ad3/homepage_docs/Order%20lifting%20suspension%20of%20deadlines%20regardign%20filing%20of%20responding%20briefs.pdf

 

         5.29.20 - Notice Regarding Virtual Oral Arguments on the Court’s June Term

http://www.nycourts.gov/ad3/homepage_docs/notice%20regarding%20teleconference%20of%20OA%20for%20June.pdf

4.20.20 – Order Pertaining to Virtual Court Operations

http://www.courts.state.ny.us/ad3/homepage_docs/expanded%20court%20operations.pdf

 

  • Fourth Department

6.20.20 – Order Requiring Digital Submissions of all motion and application papers not subject to electronic filing

https://ad4.nycourts.gov/press/notices/5efb30c7f4fc2b7178b0b596

Order re-establishing filing deadlines:

https://ad4.nycourts.gov/press/notices/5e9a219b33fc538828087b9e

Virtual Court Operations

https://ad4.nycourts.gov/press/notices/5e9a1baf33fc538828087b9c

 

U.S District Court for the Southern District of New York

https://nysd.uscourts.gov/sites/default/files/2020-04/courthouseoperations.asofapril13.pdf

 

 

 

Pennsylvania (updated as of 8/6/20)

  • Pennsylvania State Courts
    • Per the May 27, 2020 Order of the Pennsylvania Supreme Court, the general, statewide judicial emergency declared and maintained via this Court's Orders of March 16, March 18, March 24, April 1, and April 28, 2020, SHALL CEASE as of June 1, 2020. The previous Orders in this line SHALL EXPIRE according to their own terms.
    • Local/county administrative orders and local emergencies REMAIN IN FULL FORCE AND EFFECT, and President Judges in those judicial districts may continue to exercise emergency powers. Extant administrative orders issued by the intermediate courts and local emergency orders and directives, including any provisions of these affecting time calculations or deadlines, SHALL REMAIN IN FULL FORCE AND EFFECT until they expire or are rescinded by this Court, by an intermediate court, or locally.
    • Directives and Exceptions for All County Courts of Common Pleas & Magisterial District Courts:
      • Deadlines/Filing
      • The statewide suspension of time calculations and deadlines provided for in the courts previous orders ceased May 11, 2020. In all events, legal papers or pleadings (other than commencement of actions where statutes of limitations may be in issue) which are required to be filed between March 19, 2020, and May 8, 2020, generally shall be deemed to have been filed timely if they are filed by close of business on May 11, 2020
      • Existing local/county emergency orders and directives, including any provisions of these affecting time calculations or deadlines, shall remain in full force and effect until they expire or are rescinded locally. However, any declaration extending a local emergency beyond June 1, 2020, should provide supporting reasoning. 
      • Under any administrative order issued by an intermediate court or local emergency declaration, a President Judge IS SPECIFICALLY EMPOWERED, subject to state and federal constitutional requirements, to do any or all of the following:
        • Limit in-person access and proceedings in order to safeguard the health and safety of court personnel, court users, and members of the public;
        • Suspend statewide rules that restrict, directly or indirectly, the use of advanced communication technologies;
        • Suspend statewide rules that impede local provision for court filings by means other than in-person delivery;
        • Suspend statewide rules pertaining to the rule-based right of criminal defendants to a prompt trial; and
        • (5) Suspend jury trials until such time that they can be conducted consistent with prevailing health and safety norms.
      • Guidance to Legal Professionals in Pennsylvania:
        • As regions of the state reopen, and as courts resume the full range of court business, the need for legal professionals to gain greater physical access to their offices naturally increases as well. Pennsylvania attorneys have an obligation under our Rules of Professional Conduct to promptly, competently, and diligently represent their clients. To that end, attorneys and staff must be able to, and therefore may, access their physical offices at least to the extent the attorneys reasonably believe doing so is necessary to satisfy their professional obligations, provided they take appropriate measures to protect the safety of their employees and the public.
        • The Court notes that the executive branch has issued guidance concerning business operations in what it has designated the "Yellow Phase" and the "Green Phase." The executive direction for operations in the Yellow Phase is presently that "all businesses, except [for categories not relevant here], are permitted to conduct in-person operations, so long as they strictly adhere to the requirements of this guidance." The "Policy" section of the executive guidance further provides:
          • All businesses, even those that are, authorized to maintain in-person operations, must strive to minimize opportunities for personal interaction because such interactions provide greater opportunities for the transmission of COVID-19. Businesses must employ remote or virtual methods of doing business whenever and wherever possible.
          • Businesses that must conduct in-person operations and activities, because their employees cannot telework, must adhere strictly to this guidance. In addition, businesses that maintain in-person operations must make their employees and customers aware of the efforts and commitment to protecting their health and safety.
        • As to what the executive branch has designated the "Green Phase," the guidance provides that "all businesses (including those restricted or prohibited in the Yellow Phase) are authorized to conduct in-person operations as long as the businesses follow CDC and Department of Health guidelines and other orders or guidance that may be required at that time."
        • At present, the Court finds the executive branch guidance to be consistent with the level and manner of physical office access that the Court has deemed necessary for attorneys to promptly, competently, and diligently represent their clients.
      • Pennsylvania Supreme Court
        • http://www.pacourts.us/ujs-coronavirus-information
        • There will be no public access to the Eastern District, Middle District, and Western District Supreme Court Filing Offices through April 30, 2020.
        • Due dates for any filings in the Pennsylvania Supreme Court from March 16, 2020 through April 30, 2020 are extended, and those filings will be considered timely if filed on or before May 1, 2020.

 

  • Pennsylvania Superior Court
    • http://www.pacourts.us/courts/superior-court/
    • Filings via PACFile or U.S. Mail.
    • March 23, 2020 Order:
      • Superior Court’s Miscellaneous Docket is open for filing praecipes for writs of summons that potential litigants are unable to file in appropriate court of common pleas in any of the districts in the Commonwealth.
      • Superior Court’s Miscellaneous Docket is open ONLY to such praecipes involving claims that are subject to expirations of the SOL.
      • Any such Praecipe shall be filed in the appropriate Superior Court District Office: Eastern, Middle, or Western.
    • May 21 and 26 Orders
      • Oral Argument Session for Panels cancelled:
        • A16-20 for July 7-8, 2020
        • A17-20 for July 14-15, 2020
        • A18-20 for July 14-15, 2020
      • Cases scheduled for oral argument to be submitted for disposition on briefs.
    • May 28, 2020 Order:
      • Superior Court will continue to accept filings through PACFile e-filing, through US Postal Service, or by commercial delivery carried, and will remain open to conduct all court business.
      • In light of expiration of statewide judicial emergency, due dates for filings are restored to the date specified on this Court’s Docket, e.g., filing due dates for briefs or docketing statements and responses to show cause orders.
      • Pursuant to the Supreme Court's Emergency Order of Statewide Judicial Administration Applicable from May 1 through June 1, 2020, dated April 28, 2020, the Superior Court will continue to utilize advanced communication technologies for argument court sessions, for those cases which cannot be submitted on legal briefs.
      • All emergency motions shall be filed through the PACFile electronic filing system, and must be clearly titled as an Emergency Motion. To the extent a party is unable to file an emergency motion on PACFile, they are encouraged to call the respective district's Prothonotary's Office, which phone numbers may be found at: http://www.oacourts.us/courts/superior-court/prothonotarys-addresses.
        • Parties are on notice that emergency motions may take longer than usual to address.
      • This Court's March 23, 2020, and March 26, 2020 Orders in regard to filing Praecipes for Writ of Summons or Children's Fast Track appeals on this Court's Miscellaneous Docket, due to difficulties in filing with the court of common pleas, remain in full force and effect with the following, additional provision: the petitioner or appellant shall attach to the relevant certification documentation indicating efforts made to file the praecipe or Children's Fast Track notice of appeal with the court of common pleas.
    • July 13, 2020 Orders
      • Panels A19-20 scheduled for August 11-13, 2020 ordered to be handled via video streaming. Any party can file an application if they do not wish to argue by video.
      • Panel A22-20 scheduled for Sept. 9 and 10, 2020 is cancelled and cases scheduled for oral arguments before these panels are submitted for disposition on briefs. Can apply for Oral Argument if a parties feels there are compelling reasons.
      • Panel A20-20 scheduled for August 25 and 26, 2020 is cancelled and cases scheduled for oral arguments before these panels are submitted for disposition on briefs. Can apply for Oral Argument if a parties feels there are compelling reasons.
  • Pennsylvania County Courts of Common Pleas
  • Bucks County Court of Common Pleas (7th Judicial District)
    • http://www.buckscounty.org/Courts/CommonPleas
    • Common Pleas Court has resumed normal operations and hours.
    • Courts and Court departments may elect to conduct proceedings via advanced communications technology.
    • There will be no civil jury trials prior to August 3rd; no jurors should report prior to August 3, 2020.
    • May 13, 2020 OrderThe following become effective June 1, 2020, when previous orders expire:
      • Bucks County Court of Common Pleas, Bucks County Justice Center and all court offices located in justice center, and all Magisterial District Court office will be open during normal business hours to conduct business as outlined in April 28, 2020 Supreme Court Order.
      • Court of Common Pleas filing offices shall be open to conduct all business during normal business hours.
      • Access modified according to entry protocol (review protocol on County’s website).
      • All individuals must wear masks, maintain appropriate social distancing, and comply with all safety directives issued by court.
    • May 28, 2020 – Judicial Emergency extended past June 1, and shall expire August 29, 2020.
    • June 12, 2020 Order – All Jury Proceedings suspended until August 3, 2020.
      • All grand jury proceedings suspended during the period of judicial emergency.
      • This Order shall expire August 29, 2020.
    • July 24, 2020 Order: Judicial emergency extended for the following limited purposes:
      • Emergency Order No. 2020-16, "Use of Advanced Communication Technology and suspension of Rule-Based Right of Criminal Defendants to a Prompt Trial," is amended to state that unless extended by further order of court, the said order shall expire on September 28, 2020, with all other provisions of the said orders remaining as entered.
      • Emergency Order No. 2020-17, "Suspension of Grand Jury Proceedings," is amended to state that unless extended by further order of court, the said order shall expire on September 28, 2020, with all other provisions of the said orders remaining as entered.
      • No criminal jury trials will be held prior to September 28, 2020.
      • No trial requiring a jury of 12, whether in a criminal or civil matter, will be held prior to September 28, 2020.
  • Chester County Court of Common Pleas (15th Judicial District)
    • https://www.chesco.org/1333/County-Court-of-Common-Pleas
    • April 2 - Chester County - Order RE Access and Functions - Extending Through April 30
    • April 17 - Chester County - Order Extending Closures through May 31
    • May 4 - Chester County - Order RE Limited Opening of Court
    • May 13 - Chester County - Order RE Court Reopening on June 2
    • Beginning June 2, 2020, all functions of the common pleas and magisterial district courts shall be fully restored except those which are, or might be in the future, specifically proscribed by order of the Pennsylvania Supreme Court or Governor. Common Pleas and magisterial district judges shall maintain their own cases and schedules, using their best discretion to address the backlog of cases accumulating since the courts were generally closed on March 19, 2020.
    • All civil jury trials are cancelled and suspended through July 2020, and shall be rescheduled for a future date. Chester County is fully operational, and planning jury trials starting AUGUST 3RD.  Date certain trials are going first; non-jury second; then the trial pool list cases.  Check the trial list for your assigned judge for trial dates.  When the Supreme Court indicates that jury trials will again be permitted, the common pleas judges assigned jury trial cases and the pertinent members of the court administration office shall confer regarding the best manner and places to assemble jurors and conduct jury trials. Thereafter, those judges and court administration staff shall determine the appropriate number of jurors to be summoned each week and coordinate which judges shall conduct jury trials, with priority given to criminal trials over civil trials.
    • There is no specific suspension of deadlines or time calculations in any of the Chester County Emergency Court Orders – therefore, the extension of deadlines and time calculations is presumed to be through May 11, 2020, ONLY (per PA Supreme Court Order).
    • Unless otherwise required, or the assigned judge determines that such matters may be conducted through the use of advanced communication technology, any hearings or other in-person appearances, including but not limited to pretrial conferences, case management conferences, status conferences, diversionary programs, discovery motions practice, motions practice or other hearings, whether civil or criminal, are postponed through May 31, 2020. In accordance with the assigned judges' authority, the assigned judge may handle any non­essential matter he or she deems appropriate, provided judicial personnel, attorneys and other individuals can and do act in conformity with orders issued by the Governor, and that persons, not otherwise permitted to enter the Chester County Justice Center, participate in such matters remotely by advanced communication technology.
    • Each Magisterial District judge may handle any non-essential matter he or she deems appropriate, provided judicial personnel, attorneys and other individuals can and do act in conformity with orders issued by the Governor, and that persons, not otherwise permitted to enter the magisterial district court, participate in such matters remotely by advanced communication technology.
    • The Prothonotary’s office is closed, but there is no indication that electronic filings are affected.
  • Delaware County Court of Common Pleas (32nd Judicial District)
    • https://www.delcopa.gov/courts/index.html
    • Effective Monday, June 1, 2020, the civil trial courts will resume certain judicial operations in the court of common pleas, including in-person hearings, under staggered start schedules, hourly caps of the number of cases to be heard, and an aggregate number of matters listed daily. Additionally, the court will continue as it has since the commencement of the present public health crisis to timely list and hear various emergency concerns.
    • May 27, 2020 Order – Judicial emergency continue through July 31, 2020 (AMENDED only with regard to Arbitration Panel hearings via June 22 Order, see below)
      • Effective Immediately and continue through and including July 31, 2020.
      • All civil jury trials suspended until further notice.
      • Rules re: entering the courthouse generally summarized here (See May 27, 2020 Order for specific and detailed guidelines if you have a case in Delaware County)
        • Only parties and counsel allowed for all in-person proceedings, with few exceptions
        • Interested persons should arrive at courthouse 30 min prior.
        • COVID-19 Health Assessment prior to entering;
        • Do not report, and promptly notify if you’re experiencing symptoms
        • Any litigant, attorney, witness, and/or interested party having past tested and/or diagnosed by a physician positive for COVID-19 must not report as scheduled, and must notify prior to listed date the Court Admin Office of the same.
        • Any litigant, attorney, witness, and/or interested party wanting to appear via advanced communication technology in lieu of in person must provide notice to assigned or presiding judge no less than 3 days prior to scheduled date
        • Social distancing and mask required.
      • Civil Section
        • Judge Civil Section structured into 2 subgroups: Judges Dozor and Whelan and Judges Angelos and Eckel. Both Judges of each team will have a week for use of their courtroom and second team of judges sitting the next week.
        • Master Calendar available in May 27 Order.
        • In-person scheduling will be staggered by 30 min.
        • Various hearing as the assigned civil judge believe appropriate will once more be scheduled, including but not limited to arguments, contested pre-trial evidentiary hearings and/or non-jury trials. All these listings for now will be just those cases reasonable expected to conclude within at most a few days. Such schedulings, including but not limited to contested evidentiary matters, may be conducted as the designated judge believes proper through ACT, in person and/or combination.
        • Check master calendar for civil miscellaneous lists.
        • All emergency filings listed from present through July 31, 2020 will consistent with existing administrative protocols be assigned to a civil section judge on a rotational basis as directed by civil liaison.
        • Assigned and/or presiding judge may schedule as believed appropriate pretrial – case management conferences. ANY pretrial-case management conferences listed on a day a judge is not scheduled and/or otherwise has access to one of the 2 operational civil courtrooms must be held with all parties, participating via ACT. ALL pretrial-case management conferences with in-person participants and/or some combination of ACT are to be set in court for those dates per the interim Calendar the assigned judge is then listed to sit in the courtroom.
        • All parties must meaningfully engage in good faith discovery consistent with any and all such salient trial court orders and/or directives to the extent practicable via ACT.
      • All cases currently and subsequently referred for conciliator mediation conferences before the Honorable Charles B. Burr, II (retired) will be listed and/or rescheduled consistent with Judge Burr’s calendar.
    • June 22 Order – Civil Section
      • May 27th Order amended ONLY as follows: resumption of in-person, arbitration panel hearings effective JULY 13, 2020 per Court Protocol.
      • All other guidelines remain in full force and effect.
      • Check Order for Civil Section Protocols
    • June 22 Order re: Jury Trials:
      • All civil jury trials are cancelled through and including July 31, 2020.
    • July 8, 2020 Order – Judicial Emergency extended through October 31, 2020.
      • Prior orders, including the most recent, still remain in effect through July 31, 2020, unless as presently anticipated such are extended and/or amended allowing for some appropriately measured incremental increase of court operations consistent with the instant Order recognizing judicial emergency continuing until at least October 31, 2020.
    • July 16, 2020 Order – Issued General Safety and Operational Directives for Magisterial District Court Operations – Effective until October 31, 2020
      • Check Order for the same.
    • July 22, 2020 Order – Civil Section cancellations and/or Revised scheduling protocols effective immediately and continue through and including October 31, 2020.
      • Please review the Order for detailed Guidelines. The following is a brief summary:
      • Civil Jury Trials remain suspended until further notice.
      • Effective July 13, 2020, in-person arbitration panel hearings resumed.
        • Arbitration hearings will be scheduled weekly, Monday to Friday, before panels consistent with the number of open and unresolved cases in the arbitration program currently listed. The number of cases listed daily for a panel will be a function of a given matter's nature and expected length as determined by the court administrator's arbitration personnel. ALL panels will be expected to sit a full day.
        • For ALL arbitration hearings, including those via ACT, copies of ANY AND ALL reasonably anticipated evidentiary exhibits MUST be exchanged among counsel and/or any self-represented parties at least five (5) days prior to the scheduled listing.
        • To as best as possible maximize the court time of these arbitration hearing lists, ANY continuance application must be made timely known to the court administrator's arbitration staff.
        • Must submit a list naming all reasonably expected witnesses to the court administrator's arbitration office no later than one (1) full business day prior to any such scheduling.
      • For ALL in person proceedings of any type, no one other than the parties and/or witnesses, as well as counsel, will be permitted in courtroom-hearing room and/or about the interior of Delaware County Courthouse generally.
      • Witnesses must remain waiting in their car until called by lawyer or self-represented party calling the person to testify.
      • All interested persons should plan to arrive at courthouse 30 min before listing’s scheduled start.
      • COVID health screening required for entry.
      • Any litigant, attorney, witness, and/or other interested party wanting to appear and participate via some type of ACT in lieu of in-person must notify assigned judge no less than 3 business days prior to scheduled date.
      • Need to give notice of 1 business day listing all reasonably expected witnesses for any and all evidentiary hearings
      • Civil Section:
      • 4 judge civil section has been temporarily structured into 2 subgroups: Judges Dozor and Whelan; and Judges Angelos and Eckel. . BOTH judges of each team during a given week will generally have for their respective use courtrooms available with the second team of judges sitting the next week. Hence, on any day of a week no more than two (2) civil judges will be simultaneously in session, unless there is some emergent need for another such courtroom to then be operational sanctioned by the president judge or civil liaison.
      • On those alternating weeks they will be sitting, Judge Dozor will utilize courtroom No. seven (7) while Judge Whelan will be in courtroom No. eight (8). For those every other weeks they are listed to sit, Judge Angelos will use courtroom No. seven (7) and Judge Eckel courtroom No. eight (8).
      • Check Order for civil section master calendar detailing August through October 2020 the specific two (2), civil judges sitting weekly.
      • On ANY day the judicial civil teams have in-person schedulings, the two (2) judges then sitting will have start times staggered by at least thirty (30) minutes. Beyond these staggered commencement times regarding each judge sitting on a certain day, there is for now a limit of no more than ten (10) interested parties permitted in-person attendance per a given civil courtroom.
      • Various hearings as the assigned civil judge believes appropriate will once more be scheduled, including but not limited to arguments, contested pre-trial evidentiary hearings and/or non-jury trials. ALL these listings for now will be just those cases reasonably expected to conclude within at most a few days. Such schedulings, including but not limited to contested evidentiary matters, may be conducted as the designated judge believes proper through some manner of ACT, in-person and/or such a combination.
      • Civil miscellaneous lists will proceed per civil master calendar on the following dates: July 21, 2020; August 11, 2020; August 25, 2020; September 8, 2020; September 22, 2020; October 6, 2020; and October 20, 2020.
      • Assigned and/or otherwise presiding civil judges may schedule as believed appropriate pretrial —case management conferences.
      • ALL cases currently and subsequently referred for conciliator mediation conferences before the Honorable Charles B. Burr, II (retired) will be listed arid/or rescheduled consistent with retired Judge Burr's calendar and the material, past emergency orders."
  • Elk County Court of Common Pleas (59th Judicial District)
    • http://www.co.elk.pa.us/index.php/government/court-information
    • April 3 - Elk County - Order Extending through April 30
    • April 30 - Elk County - Order Extending through June 1, Courts Open
    • May 27 - Elk County - Jury Trials
    • June 1 – Elk County – Administrative Order – Extending through August 28
    • Elk County remains in a state of judicial emergency through August 28, 2020.
    • Beginning May 4, 2020 at 8:00 a.m., all court facilities shall be open to conduct all court business, subject to the conditions below.
    • Civil jury selections scheduled for Monday, June 8, 2020, in Elk County are cancelled. This Court is likewise awaiting direction on or before June 1, 2020 from the Pennsylvania Supreme Court as to the status of jury trials in the Commonwealth of Pennsylvania no longer being suspended statewide due to the novel Coronavirus/COVID-19 situation.  Presently, the next scheduled jury selection shall occur in Elk County on Monday, August 10, 2020, provided jury trials are no longer suspended statewide in the Commonwealth of Pennsylvania and provided also locally jury selection and jury trials may be conducted in a safe and healthy manner for all parties involved including prospective jurors and jurors given the current state of the novel Coronavirus/COVID-19 situation in Elk County and throughout the Commonwealth of Pennsylvania. Notwithstanding the aforesaid, this Court along with local court leaders continue to assess all options for resuming jury selection and jury trials in Elk County as soon as possible in consideration of the health and safety of prospective jurors, court users, attorneys and court staff given the risks presented by and the uncertainty associated with the novel Coronavirus/COVID-19 situation
    • There is no specific suspension of deadlines or time calculations in any of the Elk County Emergency Court Orders – therefore, the extension of deadlines and time calculations is presumed to be through May 11, 2020, ONLY (per PA Supreme Court Order).
    • The manner in which court proceedings, which includes meetings, conference, hearings, arguments and any other proceeding before the Court of Common Pleas and Magisterial District Courts, to be conducted beginning May 4, 2020 shall be as follows:
      • Advanced communication technology participation shall be the primary and preferred method of conducting court proceedings, to the extent possible. See Elk County's Zoom Meeting Protocol; Elk County's Lifesize Meeting Protocol; Elk County's Instructions to Counsel for Virtual Meetings
      • In-person participation shall be the secondary method of conducting court proceedings. In-person presence at a court facility on or after May 4, 2020 should be minimized and should be a last resort or option for a person unless such in-person presence is absolutely essential and critical after considering all alternative methods of conducting personal business at a court facility
    • For any of the filing methods listed below, attorneys and any party filing legal documents must confirm in advance by telephone call with the filing office the necessary filing fee that must accompany any filing with the filing office:
      • The primary method of filing legal documents in non-essential judicial functions and/or proceedings that are presently pending or that are initiated between March 20, 2020 and June 1, 2020 is to be done by United States Postal Service to the filing office mailing address.
      • Secondary method of legal documents to be filed may occur by way of limited access to an established drop box area for each filing office immediately inside the respective courthouses and magisterial district judge offices. This manner of filing is available only during normal business hours for the courthouse and filing office.
      • Direct in-person filing between through April 30, 2020 should be limited to extreme, exceptional and extraordinary circumstances. Direct in-person filing in a filing office may be permitted provided the elected official of the filing office provides prior approval by telephone to such person for direct in-person filing to occur. This manner of filing is available only during normal business hours for the courthouse and filing office.
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